The Impact Of American Needle On IP And Contracts

Law360, New York (May 26, 2010, 12:38 PM EDT) -- On May 24, the U.S. Supreme Court held that the intellectual property licensing activities of the National Football League Properties (“NFLP”), the licensing arm of the National Football League, could constitute concerted action under § 1 of the Sherman Act. In so finding, the Supreme Court rejected the NFL’s argument that the NFLP is exempt from § 1 of the Sherman Act because it is a “single entity.”

The court found that the relevant inquiry must address the manner that the member teams of the NFLP...
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